TAMIL NADU HOUSING BOARD REP BY ITS MANAGING DIRECTOR Vs. EXECUTIVE ENGINEER AND ADMINISTRATIVE OFFICER

JUDGEMENT

(1.) The learned single Judge extended the benefits of the Government Order in G.O.Ms.No.37 Housing and Urban Development Department, dated 14 February 2011 waiving the penal interest even to the allottees, who paid the entire amount well before the issuance of the Order by quashing Condition Nos.(a) and (e) of the Government Order taking into account the payment made by them earlier without prejudice to their right. The order is under challenge at the instance of the Tamil Nadu Housing Board.

(2.) The Tamil Nadu Housing Board pursuant to the application submitted by the respondents 1 and 2 allotted residential flats to them under the Higher Income Group (HIG) at Luz, Mylapore, Chennai. It was under the Scheme of outright purchase. The respondents 1 and 2 remitted the initial cost. Since final cost was not arrived at, the respondents 1 and 2 filed writ petitions in W.P.No.13631 of 2009 and W.P.No.837 of 2010 respectively. The respondents 1 and 2 in the said writ petitions filed interlocutory applications indicating that they are ready to make full payment in accordance with the demand without prejudice to their claim in the writ petitions. The miscellaneous petitions were allowed by issuing a direction to respondents 1 and 2 to pay whatever amount demanded by the Housing Board without prejudice to their contentions in the writ petitions. Thereafter, the respondents 1 and 2 paid the amount as per the demand notice, resulting in the execution of Sale Deeds in their favour by the Housing Board. The writ petitions filed by them were ultimately dismissed by the learned single Judge by order dated 23 November 2010.

(3.) The Government of Tamil Nadu taking into account the delay in recovering the amount from the allottees issued an order in G.O.Ms.No.37 Housing and Urban Development Department, dated 14 February 2011, giving certain concession in the matter of payment of interest and penal interest. The order was very clear that the amount already paid would not be refunded, meaning thereby, the Government Order would apply to only those who are in arrears.